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(영문) 서울서부지방법원 2014.08.14 2013가합4272
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs concluded a lease agreement with Defendant D, a licensed real estate agent operating the real estate brokerage office in the name of “E Licensed Real Estate Agent Office” under which the Plaintiff leased each of the subparagraphs of Mapo-gu Seoul Metropolitan Government G and H ground IB lending (hereinafter “instant building”) from F as indicated below (hereinafter “each of the instant lease agreements”), and paid F each of the lease deposits around the date of conclusion of the agreement and the remainder payment date.

Plaintiff A on May 2, 2011, the lease deposit term of the object of lease on the date of entering into a lessee contract, which was KRW 160 million from June 11, 2011 to June 10, 2011, Plaintiff B, on April 28, 2011, KRW 402,150,000 to May 31, 2011 to May 30, 2011, Plaintiff C, May 17, 2011, KRW 502,150,000,000 from June 17, 2011 to June 16, 2013.

At the time of entering into each of the instant lease agreements, each of the establishment registration (hereinafter “each of the instant collective security interests”) was completed on April 26, 201, with respect to the instant building Nos. 301, 402, and 502, with regard to the obligee as of April 26, 2011, with regard to the time of completing each of the instant lease agreements, each of the establishment registration (hereinafter “each of the instant collective security interests”).

C. At the time of the conclusion of each of the instant lease agreements, F agreed to complete the registration of reduction by repaying each of the secured debt of each of the instant mortgages and KRW 100 million until the end of July 201, and the end of December 201, in order to preserve the Plaintiffs’ claim for refund of the lease deposit between the Plaintiffs and the Plaintiffs at the time of the conclusion of each of the instant lease agreements. The following special terms are added to each of the instant lease agreements and written confirmation (hereinafter “instant confirmation”).

Defendant D affixed a seal to the instant confirmation document as a licensed real estate agent.

[Matters stipulated in each of the instant lease agreements]

1. A contract under the present condition of the facility. 2. The maximum debt amount of the right to collateral security on the present registry is KRW 345 million, and the lessor shall be KRW 100,000,000,000,000 out of the claim amount after the lessee moves in

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